DEPARTMENT OF THE NAVY  
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

ex-LCpl, USMC
Docket No. MD01-00073

Applicant’s Request

The application for discharge review, received 001017, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010406.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned both impropriety and inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/SECRETARIAL AUTHORITY, authority: MARCORSEPMAN, para 6214, SPD JFF1.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was inequitable due to mitigating factors that were not considered at the time (alcoholic wife, working two full time jobs to stay afloat).  These circumstances are detailed in the attached letter dated 4 July 2000.

2.  My discharge was inequitable with regard to "punishment fitting the crime".  Detailed in paragraph 2,3 and especially 4 of page 3 of the above mentioned letter.

3.  A review/upgrade of my discharge is appropriate considering my post service conduct.  Supporting documents show my continuing positive contributions to society in my job, the chamber of commerce, my church, and charitable organizations.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Applicant's Letter (3pgs)
Copy of Fitness Report
Copy of Church Directory
Sermon Review (2)
Photo of Chamber of Commerce Ribbon Cutting
Letter of Appreciation from American Heart Association
Team Captain Photo on the Chamber membership drive
Photo of procession for Church anniversary celebration
Certificate of Completion of professional course
Copy of plaque awared for sales performance
Invitation to retirement for pastor
Letter of Appreciation from client to CEO of Office Max
Homework assignment written by fiancee's daughter
Class Photo of Leadership R____ Class XIV
Class Roster of Leadership R____ Class XIV
Class Directory of Leadership R___ Class XIV
Welcome letter for Lay Ministry Academy
Letter of Appreciation from client
Program from YWCA Luncheon
Bulletin from G___ L___ Assisting Minister
Class evaluation from IKON Basic Selling Course
Letter of Recommendations (2)
Class Roster Lay Ministry Academy 

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USMC		800212 - 831109	HON
		   USMC		831110 - 871109	HON
	Inactive: USMCR(J)		791127 - 800211	COG

Period of Service Under Review:

Date of Enlistment:  880201		Date of Discharge:  891128

Length of Service (years, months, days):

	Active:  01  09  28
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 

Education Level:  12			AFQT:  93

Highest Rank:  Sgt

Final Enlisted Performance Evaluation Averages:  All enlisted performance reports were available to the Board for review.

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC, MUC (2ND), GCM (3RD), Meritorious Mast (3) 

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Minor disciplinary infractions (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

880201:	Reenlisted at MARCORADMINDET MacDill AFB, FL for 4 years.

890622:	NJP for violation of UCMJ, Article 86: Failure to be at appointed place of duty to wit: Base Gymnasium, MacDill AFB, FL from 0630-0800, 890616; violation of UCMJ Article 86: failure to be at appointed place of duty, to wit: Comptroller office, bldg 540, U.S. CENTCOM, MacDill AFB, FL from 0800-1020, 890616.
	Award:  Forfeiture of $600.00 per month for 2 months (suspended for 6 months), extra duty for 30 days.  No indication of appeal in the record.

890801:	Counseled for deficiencies in performance and conduct.  [Concerning your being placed on weight control] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891018:	Counseled for deficiencies in performance and conduct.  [Pertaining to your excessive weight and physical fitness.  Since being placed on the commands weight control program two months ago, you have failed to make satisfactory progress.  In addition your attitude about making progress has been less than acceptable.  Effective Monday, 23 1989, you will enroll in the base aerobics program, conducted at the base gym at 1130 daily.  You will also muster for weight-in and PFT run each Friday at 0630] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891020:	Counseled for deficiencies in performance and conduct.  [Pertaining to your failure to be at your appointed place of duty at 0630 on 891019.  In view of your counseling entry on 891018 in addition to your recent performance and this violation of the UCMJ, I am vacating your forfeiture awarded on 890622, of $600.00 pay per month for 2 months] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891102:	Counseled for deficiencies in performance and conduct.  [Concerning your negligent performance of duty by certifying fund availability for USCENTCOM travel in excess of authorized funds.  As a result of this violation and other deficient performance of duty, you have been relieved of your primary duties] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891102:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

891102:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

891103:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.  The factual basis for this recommendation was your consistent infractions against the UCMJ.  On 890622, you received NJP violation of article 86, UCMJ (Failure to be at appointed place of duty).  On 891018, you received an official counseling entry for failing to be at your appointed place of duty.  On 891102, you again were officially counseled for your negligence in the performance of your duties, which has resulted in your being relieved from your primary duties. 

891120:	SJA review determined the case sufficient in law and fact.

891120:	GCMCA [Commanding General, Marine Logistics Base, Albany] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 891128 under other than honorable conditions for misconduct due to minor disciplinary infractions (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was neither proper nor equitable (D and E).

In considering the applicant’s issues the Board found the award of Under Other Than Honorable Conditions to be inequitable.  The record reveals one NJP and three adverse counseling entries during the enlistment in question.  In the Board’s opinion, these offenses were offset by the applicant’s otherwise creditable service as reflected in his fitness reports markings.

Further, the Board found fundamental errors in the Commanding Officer, Marine Corps Administrative Detachment, MacDill AFB, letter notifying the applicant of the intent to discharge him for minor disciplinary infractions, dated 2 Nov 1989.  Paragraph 2 of that letter reads, “On October 18, 1989, you received an official counseling entry for failing to be at your appointed place of duty”.  The record reveals a page 11 entry for that date, however no counseling entry for failing to be at appointed place of duty.  Ignoring this error leaves one NJP for late reporting (total of four hours), and two adverse counseling entries, one of which addresses the NJP offense.  While not reflective of superior performance, these offenses are not equitably addressed by an award of discharge characterized as Under Other Than Honorable Conditions.

Finally, the applicant’s outstanding record of community service and achievement reflected in his very well documented post-service is laudable and deserving of consideration by the Board.  Accordingly, full relief is granted and the Board directs the applicant’s discharge be upgraded to Honorable.  The Board thanks the applicant for his service and wishes him well in all his future endeavors.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023